what are the unlawful order you can disobey?

Question

i just want to know what are are the unlawful law for military im not asking what unlawful mean i know what it mean.

Answer 1

Anything that is against the Laws of Armed Conflict (LOAC), the Uniformed Code of Military Justice (UCMJ), American Federal Law, and the Geneeva Conventions, and possibly local laws. This includes, but is not limited to, failing to attempt to stop unlawful actions and being ordered not to report unlawful actions that you have wittnessed.

For example, a superior officer orders you to fire on a church that has not displayed any hostile actions (such as firing at anyone, or harboring the enemy). That would be an unlawful order which you would be compelled to disobey.

Answer 2

Soldiers are required to disobey a unlawful order, but it isn't that clear cut. If I give a soldier an order to polish my boots the soldier might think this order is illegal. He would be correct as this would constitute a personal service. (I tried to find an easy example) But the order would not result in injury, death or disgrace to the country so the soldier would obey the order and then report it higher up the command after wards. If I told him to execute a prisoner then the soldier should disobey immediately as there is no return from this order. Should he obey he would be in as much trouble as I would. The first example isn't a very good one, but I think I make the idea clear.

Answer 3

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Soldiers swear an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic. If an order contradicts that, they should disobey it. Of course, they will likely be punished for it, as most of what the government does these days is in direct violation of the Constitution.

Answer 4

An unlawful order is an order to do an act that is illegal. therefore you cannot be compelled to follow it, or disciplined for disobeying the order. Also you will be held resonsible for the illegal act and cannot use "just following orders" as a defense.

Answer 5

I know of no one that has ever been prosecuted for obeying a direct order of a supervisor in the military. If you feel that supervisor had issued you an unlawful order, try if possible to go to the next higher supervisor and ask them. If not possible let the supervisor know what your concerns are and that you want them noted in his daily log.

Answer 6

Any order that would put yours or another persons life in danger. An order that is against the Geneva Convention, or against the Military code of conduct.

Answer 7

If you know it is against any known military law you can....ie. If a Captain ordered you to take some suspected prisoners and execute them...you could deny him out right....but of course you may end up shot yourself.

Answer 8

Anything that is against the Law of Armed Conflict.

Answer 9

When someone gives you an unlawful order, and you are sure it is an unlawful order, then TELL the person giving you the order these words.......Sir/Madame, with all due respect, you just gave me an unlawful order and I am bound by my oath and duty to refuse to obey it. The order conflicts with the 1-27th (choose one or more) Amendment. If you insist on my obeying this unlawful order, I request to see your supervisor now. OR...., for the military, "I request Mast." They will ask you who you wish to see and you will answer them, "I request Mast to see the President of the United States." They will say, come on now, Private, let's be sensible. Stand your ground and say, "With all due respect, sir, I know I have to go up the chain of command but I stand with my request mast to see the President of the United States.

That sounds outrageous, but it works. I know it works because I did it. My superiors were REQUIRED, once I requested mast, to put it into action immediately. They sent me up to see the Lt. Colonel, and he killed the orders for my punishment.

My CRIME was, along with 4 others, being late getting up at Revelie at 0500. Formation was not until 0700 and we did not wish to go to breakfast so we slept in, but we always were ready and squared away for formation.

The CQ snatched our ID cards from the ends of our racks and wrote us up for disobeying a direct order.

The other 4 were fined $25.00 and it was entered into their record that they had disobeyed a direct order.

When it was my turn to go before the Captain, he read the charges and asked me how I plead. I said "Sir, guilty, sir". The Captain then said, that will be a $25.00 fine and it was entered into yourr record that you had disobeyed a direct order.

I said, "Sir, I'd like to appeal that decision sir". The Captain was suddenly flustered and said, okay, I guess you can do that. Then I said, "Thank you sir. Will that be all sir?" He was flustered enough he said "Yes sir" to me, who was an E-4 enlisted man.

The Gunnery Sgt. who had brought me into the captain and remained for the proceedings, when we left the Captain's office, was livid!

The Gunny said, "Corporal, I'm going to see to it that you are busted down to Private, spend 6 months in CPC, and fine you $50.00.

I said, calmly, to the Master Gunnery Sgt. in the outer office with us, "TOP, come here please." He came over to where the gunny and I were standing and I said. "Number One, I'm writing my Congressman, and Number Two, I want to request mast.

The Gunny said, "Who do you want to see?"

I said "The President of the United States".

Clearly taken aback, the Gunny said, "Come on now, corporal, let's be sensible."

I said, " I know I have to go up the chain of command, but I'm requesting mast to see the President."

The Top Sgt said, "He's requested mast to see the President, start the process".

And that was it. They sent me up to see the Lt. Colonel, and he stuck his head out of his office door and looked at me sitting in the reception area, and without a word, went back inside, and then sent his office pinky out to tell be all charges were dismissed.

It NEVER showed up in my record and I was NOT fined, and I was NOT demoted.

Stand your ground if you're sure you're right.

Answer 10

Any order that is ethically and morally wrong.